Davis v. Fomon

Court of Appeals of Georgia

Davis v. Fomon

240 S.E.2d 581, 144 Ga. App. 14, 1977 Ga. App. LEXIS 2560

CourtCourt of Appeals of Georgia

DecidedNovember 16, 1977

Docket54680

StatusPublished

Cited by6 cases

This text of 240 S.E.2d 581 (Davis v. Fomon) is published on Counsel Stack Legal Research, covering Court of Appeals of Georgia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Davis v. Fomon, 240 S.E.2d 581, 144 Ga. App. 14, 1977 Ga. App. LEXIS 2560 (Ga. Ct. App. 1977).

Pincite

Opinion

Smith, Judge.

The only issue raised on this appeal is the propriety of a jury award and judgment for expenses of litigation *15 including attorney fees (Code § 20-1404) in a property damage suit. There was evidence which would authorize a jury to find that the defendant had been stubbornly litigious. But there was no evidence produced to guide the jury in determining the amount of damages to be awarded as expenses of litigation or attorney fees. Since an allowance for damages cannot be based on guesswork (Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 (232 SE2d 169) (1977)), the plaintiff failed to make out a proper case for these damages, and the award was not supported by the evidence.

Submitted October 4, 1977 Decided November 16, 1977. William L. Skinner, for appellants. Ronald K. Owen, for appellee.

Judgment affirmed with direction that the plaintiff write off from the judgment the amount allowed as attorney fees; otherwise, the judgment stands reversed.

Bell, C. J., and McMurray, J., concur.

Free access — add to your briefcase to read the full text and ask questions with AI

Smith, Judge.

The only issue raised on this appeal is the propriety of a jury award and judgment for expenses of litigation *15 including attorney fees (Code § 20-1404) in a property damage suit. There was evidence which would authorize a jury to find that the defendant had been stubbornly litigious. But there was no evidence produced to guide the jury in determining the amount of damages to be awarded as expenses of litigation or attorney fees. Since an allowance for damages cannot be based on guesswork (Tendrift Realty Co. v. Hayes, 140 Ga. App. 896 (232 SE2d 169) (1977)), the plaintiff failed to make out a proper case for these damages, and the award was not supported by the evidence.

Submitted October 4, 1977 Decided November 16, 1977. William L. Skinner, for appellants. Ronald K. Owen, for appellee.

Judgment affirmed with direction that the plaintiff write off from the judgment the amount allowed as attorney fees; otherwise, the judgment stands reversed.

Bell, C. J., and McMurray, J., concur.

Cite This Page — Counsel Stack

Bluebook (online)

240 S.E.2d 581, 144 Ga. App. 14, 1977 Ga. App. LEXIS 2560, Counsel Stack Legal Research, https://law.counselstack.com/opinion/davis-v-fomon-gactapp-1977.

Opinion

Related

Cite This Page — Counsel Stack